PRELIMINARY AGREEMENT Preliminary agreement entered in to on this …………….. of …………………………Two thousand Sixteen between Smt. Sheena Kurian Executive Engineer, NH (B) Division, Kodungallur for and on behalf of the Governor of Kerala (hereinafter called the “Government”) of the one part and Sri. ………………………………………………………………………………………... of the other part for the execution of the agreement as well as for the execution of the work “…………………………………………………………………………………………… ……………………………………………………………………………………………” (Contd…2…) CONTRACTOR EXECUTIVE ENGINEER -2- Whereas the Government invited tenders for the above work ………….………………………………………………………………………………… ……………………………………………………………………………………………… ……….by notification No…………………………………………….dated……………………in……………… …………………….. AND WHEREAS para 13 of the notice stated as follows. Before commencing work, or within a week after the date when the acceptance of the tender has been initiated to him, the tendered shall deposits sum sufficient to make up the balance of 5 percent of the probable value of contract, which together with the amount of earnest money deposited shall be treated as security for the proper fulfillment of the same and shall executed an agreement for the work in the PWD Schedule form. If he falls to do this or in the case of PW contracts maintain specified rate of progress (to be specified in each case in the tender schedule) the earnest money and security deposit shall be for cited to Government and fresh tenders shall be called for the matter otherwise disposed off. If as a result of such measures due to the default of the tender to pay the requisite deposit, sign contracts or take possession of the work may loss the Government result the same will be recovered from his as arrears of revenue, but should it be a saying to Government, the original contractor shall have no claim whatever to the differences, recoveries on this or any other account will be made from the sum that be due to the contractor on this or any other subsisting contracts or under the Revenue Recovery Act or otherwise the Government may decide. NOW THEREFORE THESE PRESENTS WITNESS and it is mutually agreed as follows: 1. The terms and conditions for the said contract having been stipulated in the said tender from to which the contractor has agreed copy of which is hereto appended which forms part of this agreement, it is agreed that the terms and conditions stipulated therein shall bind the parties to this agreement except to extend to which they are abrogated or altered by express terms and conditions herein agreed to and in which respect the express provisions herein shall supersede those of the said tender form. 2. The contractor hereby agrees and under take to perform and fulfill all the operations and obligations connected with execution of the above said work if awarded in favour of the contractor. 3. If the contractor does not forward to execute the original agreement after the said work is awarded and selection notice issued in his favour of commits breach of any of the conditions of the contract as stipulated in clause 13 of the notice inviting tenders as quoted above within in the period stipulated them the Government may rearrange the work otherwise or get it done departmentally at the risk and cost of the contract and the less so sustained by the Government can be realized from the contractor under the Revenue Recovery Act as if arrears of land revenue as assessed quantified and fixed by an adjudicating authority consisting of the Secretary (Public Work) Chief Engineer (Arbitration) and Chief Engineer (Administration) or any other officer of of

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